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(영문) 부산고등법원 2015.04.24 2014누21523
장기요양기관지정취소처분취소 등
Text

1. Revocation of a judgment of the first instance;

2. The revocation of the designation of a long-term care institution that the Defendant revoked on November 20, 2013, and the Plaintiff.

Reasons

1. Details of the disposition;

A. On January 21, 201, the Plaintiff: (a) was designated as a long-term care institution for the Defendant in Ulsan-gun B (hereinafter “instant medical care institution”); (b) on the same day, established the instant medical care institution as a medical care facility for the aged; and (c) reported the establishment of the instant medical care institution to the Defendant on the same day; and (d) changed the admission quota to ten persons on December 21, 201.

In violation of the standard for number of medical care personnel to be admitted to the medical care center in this case on April 2013, 2013, even though more than 10 persons were operated on April 3, 2013, the medical care center in this case did not request the full amount of expenses for benefits without deducting 30% of the charges for the medical care center in April 2013. On April 2013, 2013, the medical care center in violation of the liability insurance policy in 3,572,149 won and the liability insurance policy in 2013.

B. The Defendant received business support from the National Health Insurance Corporation and conducted on-site investigations for the period of investigation from October 21, 2013 to August 31, 2013 regarding the instant medical care center during the four-day period from October 21, 2013 to August 24, 2013, and the result of such investigations are as follows.

C. On November 20, 2013, the Defendant: (a) revoked the designation of a long-term care institution pursuant to attached Table 2; (b) Article 37(1)4 of the former Long-Term Care Insurance Act (amended by Act No. 12067, Aug. 13, 2013; hereinafter referred to as “former Elderly Care Act”); (c) Article 29 [Attachment Table 2] of the Enforcement Rule of the former Elderly Care Act (amended by Ordinance of the Ministry of Health and Welfare No. 232, Feb. 14, 2014; hereinafter referred to as “Enforcement Rule of the former Elderly Care Act”).

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